Symonds v Regina [2007] NSWCCA 282

Symonds v Regina [2007] NSWCCA 282

The sentencing judge was alert to special circumstances, allowed for accumulation of sentences, expressly referred to preserving the statutory ratio, and imposed moderate sentences that adequately reflected the applicant's subjective features without further double counting. Lesser sentences were not warranted, so no sentencing error justifying intervention was established.

Jurisdiction
Australia
Judgment Date
24 September 2007
Procedural Posture
Application for Leave to Appeal Against Sentence and Appeal Against Sentence / Court of Criminal Appeal Judgment
Outcome
Leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['drug Court Program Termination' 'multiplicity of Offences' 'accumulation of Sentences' 'special Circumstances' 'non Parole Period' 'statutory Ratio' 'double Counting']
['criminal Law' 'sentencing'] ['drug Court Program Termination' 'multiplicity of Offences' 'accumulation of Sentences' 'special Circumstances' 'non Parole Period' 'statutory Ratio' 'double Counting']

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Procedural Posture

Application for Leave to Appeal Against Sentence and Appeal Against Sentence / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to consider the operation of special circumstances in the applicant's case." 'Whether the accumulation of sentences and the statutory relationship between the overall non-parole period and total term warranted further reduction of the non-parole periods.']

Ratio Decidendi

The sentencing judge was alert to special circumstances, allowed for accumulation of sentences, expressly referred to preserving the statutory ratio, and imposed moderate sentences that adequately reflected the applicant's subjective features without further double counting. Lesser sentences were not warranted, so no sentencing error justifying intervention was established.

Court Disposition

Leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal against sentence dismissed.']